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  • apb
    08-07 04:55 PM
    Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue

    Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
    The same appointment could be used by my wife to stamp her H4.
    testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.

    For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.

    If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.

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  • GCeffect
    02-09 05:22 AM
    Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...

    Check out the RFE letter comment at the following:
    """""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""

    Now let me explain my situation.
    I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.

    PLease let me know what you guys think about the whole situation.

    Thanks ahead about your concern ......

    EB3 (ROW)..PD May 2006

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  • GC_quest
    05-25 06:32 PM
    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!

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  • gc28262
    07-15 05:43 PM
    This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.

    Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.

    Here is the memo


    Here is what Ron Gotcher said:
    I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.

    Here is another link:


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  • aamchimumbai
    12-05 02:13 PM
    Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).


    My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.

    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.

    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485

    Many Thanks !!!

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  • vdesai_8
    03-16 12:27 PM
    You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.


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  • Lasantha
    04-26 12:39 PM
    I don't think you really need the physical card. Canadian Immigration officer simply told me that i am a landed immigrant now, the entry stamp and document attached to the passport are enough for me to come and go freely as long as i live in CA for 2 in every 5 years. So there is no additional advantage from giving an temporary address and getting a card.

    Yes there is. Without the card, you cannot "freely come and go" as you put it. If you fly to Canada you will have to apply for an entry permit if you do not have your PR card. They will not let you board the plane otherwise. You will either need the PR card or the entry permit. Check the CIC web site for more info on this. What you say used to be true prior to 2002 before they introduced the new PR card but its different now.
    If you drive then I believe you can get away without the card but I am not sure about that.

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  • indyanguy
    06-07 03:08 PM
    I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.

    Should I send the EAD renewal to NSC or CSC??

    Please let me know.


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  • gc_check
    09-09 11:09 AM
    Check with an attorney or the immigration coordinators in the school. F1 is not a dual intent visa, and once if you get F1, there might be some difficulties in getting back to AOS. Since you are in AOS, you should still be able to study in the school. Apply for an EAD and you if get assistance (TA/RA) you should be able to accept as you have a valid EAD. Other members in the forum, should be able to assist as well. Not sure, if there is any other reason to get on to F1 status, though you are in AOS.

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  • raviram1980
    01-15 12:19 PM
    Thanks again for your quick reply. My AP was approved on 21st nov and I left for India on 26th Nov. Any idea if this can be considered enough time ?


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  • nat23
    02-13 08:29 AM
    I just read about the Lifetime learning credit and it says even the taxpayer can claim upto 20% for $10,000 out of his pocket

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  • itsmesabby
    10-13 10:04 AM
    I filled the renewal with the same employer as well. The documentation requested at the counsalate depends upon the officer. He/She may or may not ask for any documents.


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  • teachamerica07
    09-04 04:58 PM
    Yes. Reenter on AP .

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  • dummgelauft
    06-15 12:40 PM
    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.

    Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.


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  • insbaby
    09-02 11:17 PM
    I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.

    I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??

    Any help is appreciated...

    You can choose to continue the insurance, the employer should provide this option. It looks expensive, but it is just for a month time, on the safe side, you can take this.

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  • csirigam
    02-18 10:24 AM
    We filed back in June'07 and received secong finger printing requests last week.


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  • nogc_noproblem
    07-11 01:36 PM
    Nope, just being 'current' doesn't mean everybody will get their GC.

    PD movement temporary, Retro permanent.

    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...

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  • amsgc
    03-11 09:33 PM
    I have an NRE account and I get a 1099-INT every year from my bank for that account. It clearly states that the interest has been reported to the IRS and therefore must be shown on the 1040.

    We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?

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  • yabadaba
    07-23 07:09 AM

    Ann Ruben
    02-09 10:47 PM

    Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.

    A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.

    You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?


    08-20 07:51 PM
    i am july 2nd filer with PD Sept 2005.
    I-140 approved in March 2006

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